Full Text of SB0396 95th General Assembly
SB0396sam002 95TH GENERAL ASSEMBLY
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Sen. Deanna Demuzio
Filed: 3/22/2007
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| AMENDMENT TO SENATE BILL 396
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| AMENDMENT NO. ______. Amend Senate Bill 396, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The School Code is amended by adding Section | 6 |
| 14-6.10 as follows: | 7 |
| "(105 ILCS 5/14-6.10 new)
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| Sec. 14-6.10. Transfer of parental rights at the age of | 9 |
| majority. | 10 |
| (a) When a student who is eligible for special education | 11 |
| under this Article reaches the majority age of 18 years, all | 12 |
| rights accorded to the student's parents under this Article | 13 |
| transfer to the student, except as provided in this Section. | 14 |
| This transfer of rights also applies to student's who are | 15 |
| incarcerated in an adult or juvenile State or local | 16 |
| correctional institution. Nothing in this Section shall be |
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| construed to deny a student with a disability who has reached | 2 |
| majority age the right to have an adult of his or her choice, | 3 |
| including, but not limited to, the student's parent, assist the | 4 |
| student in making decisions regarding the student's | 5 |
| individualized education program. | 6 |
| (b) The school district must notify the student and the | 7 |
| student's parents of the transfer of rights in writing at a | 8 |
| meeting convened to review the student's individualized | 9 |
| education program during the school year in which the student | 10 |
| turns 17 years of age. At that time, the school district must | 11 |
| provide the student with a copy of the Delegation of Rights | 12 |
| form described in this Section. The school district must mail | 13 |
| the notice and a copy of the Delegation of Rights form to the | 14 |
| student and to the student's parents, addressed to their last | 15 |
| known address, if they do not attend the meeting.
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| (c) Rights shall not transfer from the parents to the | 17 |
| student under this Section if either of the following apply: | 18 |
| (1) The student with a disability who has reached the | 19 |
| age of majority has been adjudged incompetent under State | 20 |
| law. | 21 |
| (2) The student has not been adjudged incompetent under | 22 |
| State law, but the student has executed a Delegation of | 23 |
| Rights to make educational decisions pursuant to this | 24 |
| Section for the purpose of appointing the student's parent | 25 |
| or other adult to represent the educational interests of | 26 |
| the student. |
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| A student may terminate the Delegation of Rights at any | 2 |
| time and assume the right to make decisions regarding his or | 3 |
| her education. The Delegation of Rights shall meet all of the | 4 |
| following requirements: | 5 |
| (A) It shall remain in effect for one year after the | 6 |
| date of execution, but may be renewed annually with the | 7 |
| written or other formal authorization of the student and | 8 |
| the person the student delegates to represent the | 9 |
| educational interests of the student. | 10 |
| (B) It shall be signed by the student or verified by | 11 |
| other means, such as audio or video or other alternative | 12 |
| format compatible with the student's disability showing | 13 |
| that the student has agreed to the terms of the delegation. | 14 |
| (C) It shall be signed or otherwise manifest | 15 |
| verification that the designee accepts the delegation. | 16 |
| (D) It shall include declarations that the student (i) | 17 |
| is 18 years of age or older, (ii) intends to delegate his | 18 |
| or her educational rights under federal and State law to a | 19 |
| specified individual who is at least 18 years of age, (iii) | 20 |
| has not been adjudged incompetent under State law, (iv) is | 21 |
| entitled to be present during the development of the | 22 |
| student's individualized education program and to raise | 23 |
| issues or concerns about the student's individualized | 24 |
| education program, (v) will be permitted to terminate the | 25 |
| Delegation of Rights at any time, and (vi) will notify the | 26 |
| school district immediately if the student terminates the |
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| Delegation of Rights. | 2 |
| (E) It shall be identical or substantially the same as | 3 |
| the following form: | 4 |
| DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
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| I, (insert name), am 18 years of age or older and a student | 6 |
| who has the right to make educational decisions for myself | 7 |
| under State and federal law. I have not been adjudged | 8 |
| incompetent and, as of the date of the execution of this | 9 |
| document, I hereby delegate my right to give consent and make | 10 |
| decisions concerning my education to (insert name), who will be | 11 |
| considered my "parent" for purposes of the Individuals with | 12 |
| Disabilities Education Improvement Act of 2004 and Article 14 | 13 |
| of the School Code and will exercise all of the rights and | 14 |
| responsibilities concerning my education that are conferred on | 15 |
| a parent under those laws. I understand and give my consent for | 16 |
| (insert name) to make all decisions relating to my education on | 17 |
| my behalf. I understand that I have the right to be present at | 18 |
| meetings held to develop my individualized education program | 19 |
| and that I have the right to raise any issues or concerns I may | 20 |
| have and that the school district must consider them. | 21 |
| This delegation will be in effect for one year from the | 22 |
| date of execution below and may be renewed by my written or | 23 |
| other formal authorization. I also understand that I have the | 24 |
| right to terminate this Delegation of Rights at any time and |
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| assume the right to make my own decisions regarding my | 2 |
| education. I understand that I must notify the school district | 3 |
| immediately if I revoke this Delegation of Rights prior to its | 4 |
| expiration. | 5 |
| (insert name)
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| Student
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| DATE: (insert date)
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| Accepted by: (insert name)
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| Designated Representative
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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